Legal Question in Wills and Trusts in New York
A son's biological mother passes away. In her will, the mother leaves everything to her husband. The husband legally adopted the son many years ago. The husband, then, changes his will, leaving everything to his two biological sons and cuts the adopted son out of his will. Question: does the adopted son have any legal claim regarding the estate when the adopted father passes away?
2 Answers from Attorneys
I have not seen the Will so I cannot comment on its contents. The adopted child can probably contest the new Will in which he is not mentioned, asserting one or more available claims.
A parent can leave an adult child out of his validly written and executed will. Wills are subject to change, so you don't really know what you will ultimately receive, if anything. If your father's attorney was experienced, he would have listed you in the will and specifically stated you were not to receive anything.
If you have a copy of the will, take it to an experienced probate attorney to discuss your rights.
Also licensed and practicing in New York.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
